Responding to Proceedings

Question 1

What are the Defendant’s Options when Responding to a Claim?

Answer 1

• File an Admission;
• File a Defence; or
• File an Acknowledgment.

One files an Acknowledgement when they seek more time to plan a Defence.

Question 2

By when must the Defendant File and Serve a Response?

Answer 2

Within 14 days of the Particulars of Claim being Served.

CPR 15.4.

In Specialist Divisions, rules may differ, so always consult relevant guidance.

Question 3

What is the Defendant’s Deadline to File and Serve a Response following an Acknowledgment?

Answer 3

It extends the deadline to 28 days from the Particulars’ Service.

In other words, it adds two weeks.

Question 4

What must an Acknowledgement contain?

Answer 4

• Confirmation of their name and address;
• Confirmation of intent to the Claim in whole or in part; and
• Confirmation of intent to contest jurisdiction.

Question 5

How else may the Deadline to File and Service a Response be extended?

Answer 5

• The Claimant and Defendant agree an extension of up to 28 days.
• The Defendant applies for an extension.
• The Defendant applies to dispute the Court’s jurisdiction.
• The Claimant applies for summary judgment.
• The Claim Form was Served interjurisdictionally.
• The Court orders Service of a Claim Form on the agent of an overseas principal and specifies a distinct deadline.

CPR 15.5, 15.4(2).

The Court must be notified in writing of an agreement to extend.

Question 6

When will a Court allow an Application to Extend the Deadline to File and Serve?

Answer 6

When the reasons stated and its implications for the Claim do not conflict with the Overriding Objective.

Question 7

If a Defendant Admits a Claim, what should the Claimant’s Next Steps be?

Answer 7

File a Request for Judgment within 14 days of receiving the Admission.

Question 8

If a Defendant Admits a Claim, what should their Next Steps be?

Answer 8

• Request time to pay from the Court; and
• Enter into a Settlement Agreement with the Claimant.

Settlements are preferrable because judgments for money are placed on a public register for six years, harming one’s reputation and credit rating.

Question 9

In Specified Claims, what will the Judgment comprise?

Answer 9

• The Claim Value, with interest.
• Court fees; and
• Fixed costs.

Question 10

What are the Rules for Counting Time?

Answer 10

1. The day a period begins is never included; you always start counting the following day.
2. If the end of a period is defined by an event, the event day is not included.
3. Business days are the default unit of measurement if a specified period is 5 days or less.
4. Where a Party must perform an action in court by a set date, but the Court is closed thereon, the deadline is extended to when the Court is next open.

CPR 2.8.